Alberta Wills Online

Frequently Asked Questions

The following questions should help explain the process of estate planning. Please use the Contact form to contact Alberta Wills Online with any further questions you may have.

If you are over eighteen and have minor children or own property you should have a will. A will provides guidance for your loved ones as to what you would like to happen with your legacy. Without a will, your estate will be subject to the rules provided in legislation and these rules may not reflect your wishes.
At Alberta Wills Online, a complete will costs $100 plus GST. For this amount, you will get a hard copy of your will mailed to you along with proper execution instructions so that you can be confident knowing that your will is compliant with the probate requirements in Alberta.
A will generated by Alberta Wills online is completely valid. You won't need to purchase any additional services beyond the $100 fee.
Without a will, your estate will be subject to the rules provided in legislation and these rules may not reflect your wishes.
An executor is the person charged with dealing your property immediately after you die and with carrying out your ultimate wishes. Ideally you should name someone you know well and trust, who will not be overwhelmed by what can be a long and arduous task. An executor has a duty to the ultimate beneficiaries and can be liable to those beneficiaries if the executor does not act appropriately. Most people choose to name their spouse as the first executor with a close friend or advisor as the alternate.
It is best to name an alternate person to act as executor in case your first choice is not able to act. For example, if you name your spouse as executor but you and your spouse pass away together, there is no longer a named executor and your beneficiaries will have to go through the courts to get someone else appointed.
A guardian is the person you name to take care of your children who are under the age of eighteen until each child reaches the age of eighteen. Most wills will also allow for the executor to make payments to the guardian in order to cover the cost of raising your children. Most people name their spouse as the first executor with a close friend or sibling as the alternate.
It is important to name an alternate guardian in case the first guardian is unable to act or continue to act as the role may last for many years. Additionally, it is important to state your wishes so that your family knows what your would like to happen to and to prevent discord.
Yes. However, any gifts that were given to your former spouse may be automatically revoked. Also, if you named your former spouse as executor this will still be valid. You should revisit your old will and confirm that your wishes are still met.
Your will should specify the age at which your children are to receive their share. Most people choose , 18, 21, 25 or 30.Your executor will be required to keep invested the capital of the estate until the final payment is made to your children.
You are required to provide for your minor children and any children with a disability. You are not required to provide for your adult children who are financially independent from you.
The definition of child in a will does not include step-children. If you want your spouse’s children to be included, you should name them specifically.
An adult interdependent partner is considered equal to a spouse. If you have been living together for more than three years, live together and have a child, or have a written agreement, you are considered to be adult interdependent partners and you should make provision for your partner. If you do not, they may make a claim against your estate.
There is a section called "Specific Bequests" in the questionnaire for specific items you would like to leave to a person. We recommend you clearly identify the item and also decide if the item is to go to the children of the recipient if the recipient predeceases you, or if the item will go to your heirs as defined in the general part of your will. It should be noted that specific bequests are paid out before general bequests (or the residue) so if your estate does not cover all the specific bequests, there may be nothing left for the residue recipient.
A common mistake is assuming that all assets will be covered by your will. If you own property as joint tenants with another person (not as tenants in common) then the property will automatically transfer to that other person and will not be covered by your will. Also if a specific beneficiary designation has been signed, such as with a RRSP or life insurance plan, that asset may also pass outside your will.
You should store your will in a safe place that someone other than you or your spouse is able to access. For example, you could use a safe deposit box so long as the bank has another name on the account such that they can access the will when it is needed. Many people also choose to store their wills with their accountants or family planners.
As soon as it is properly executed.
An instruction sheet with execution instructions will be included with each will. You must sign the paper document, along with 2 unrelated adults as witnesses.
2 witnesses are required to execute your will and they cannot be beneficiaries named in the will or spouse of beneficiaries named in the will. Your witnesses must be over the age of eighteen. Additionally, you should know the witnesses well as they will need to swear an affidavit (so your executors will need to track them down!) when the will goes through the probate process.
Your will should arrive in the mail within ten days of you completing the online questionnaire ready for you to execute.
At Alberta Wills Online our goal is to get your will to you within 10 days.
Alberta Wills Online is not practicing law and setting up trusts will likely require the use of a law firm. If you would like recommendations of Estate Lawyers in Alberta, please contact us using the contact information on the Home Page
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